The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.
HENDRIX, Robert E. (W/M)
DC # 104721
DOB: 10/21/66
Fifth Judicial Circuit, Lake County Case # 90-1297 CFA
Sentencing Judge: The Honorable Jerry Lockett
Trial Attorneys: Thomas Turner & Edward Kirkland
Attorney, Direct Appeal: Michael S. Becker – AssistantPublic Defender
Attorney, Collateral Appeals: Harry Brody – Registry
Date of Offense: 08/27/90
Date of Sentence: 11/04/91
Circumstances of the Offense:
The defendant, Robert Hendrix, and his cousin, Elmer Scott,broke into a house. Soon after the incident, Scott was apprehended by thepolice and entered into a plea agreement with the State. In exchange forthe withholding of adjudication and a two-year sentence of community control,Scott agreed to plead no contest to a lesser charge of simple burglary. Scott’s agreement to testify truthfully against Hendrix was a condition of theplea. Hendrix was arrested and charged with armed burglary of thedwelling as a result of Scott’s deposition. The plea agreement that wasoffered to Hendrix was a sentence of four years’ imprisonment and five years’probation. The official court date was set to be August 28, 1990.
Prior to his court date, Hendrix told several friends thathe intended to kill Scott to prevent him from testifying because he did notwant to accept a plea. Hendrix also discussed different plans to killScott with Denise Turbyville, his live-in girlfriend. Hendrix approachedseveral people and attempted to get a “throw-away” pistol that was nottraceable back to him. The day before his court date, August 27th,Hendrix arrived at his residence with a handgun and test-fired it after attemptingto construct a silencer for it.
At some point after 11 p.m., Hendrix decided to go toScott’s residence and he told Denise to get ready. He took with himgloves, a mask, and a hat. Denise drove the vehicle near Scott’s mobilehome and dropped off Hendrix after which she drove to the county line to waitfor him. Denise heard several shots fired and a short period of timelater, Hendrix returned to the car and prompted her to quickly leave thescene. When they returned to their residence, they elected to leave tolights off, and Hendrix proceeded to shower and to burn his clothing behind theresidence. Hendrix told Denise how he killed Scott and Scott’s wife,Michelle. Hendrix relayed to her that he shot Scott in the head and, when Michelletried to fight him, Hendrix used a knife to slash her throat. Hendrixthen used the gun to hit Scott over the head, and he slashed his throat withthe knife as well.
The police arrested Hendrix and he was subsequently triedfor his crimes. Denise, in addition to several other witnesses, testifiedthat Hendrix admitted committing the murders to prevent Scott from testifyingagainst him.
Trial Summary:
09/18/90 Indicted as follows:
CountI: Conspiracyto Commit Murder
CountII: Conspiracy toCommit Murder
CountIII: First-Degree Murder
CountIV: First-Degree Murder
CountV: Armed Burglary
09/20/91 Defendant was found guilty by the trial jury on all counts
09/23/91 The jury unanimously recommended Death for both counts of
First-DegreeMurder
11/09/91 Defendant was sentenced as follows:
Count IV: First Degree Murder- Death
Count V: Armed Burglary- Life
* Please note: On Direct Appeal, the Florida Supreme Courtreversed the conviction and vacated the sentence for one of the Conspiracycharges.
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC #79,048
637 So. 2d 916
12/09/91 Appeal filed.
04/21/94 FSC affirmed the conviction ofFirst Degree Murder and the sentence of Death.
06/21/94 Rehearing denied.
07/21/94 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #94-6168
513 U.S. 1004
09/19/94 Petition filed.
11/14/94 USSC denied petition.
State Circuit Court – 3.850 Motion
CC #90-1297
02/29/96 Motion filed.
12/11/03 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC#04-54
908 So. 2d 412
01/12/04 Appeal filed.
07/07/05 FSC affirmed denial of 3.850 Motion.
07/28/05 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 04-1641
908 So. 2d 412
08/31/04 Petition filed.
07/07/05 FSC denied Habeas Petition.
07/28/05 Mandate issued.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 06-267
07/27/06 Petition filed.
05/03/07 USDC denied petition.
07/25/07 Certificate of Appealability filed.
08/08/07 COA granted.
United States Court of Appeals, 11thCircuit- Habeas Appeal
USCA# 07-13117
527 F. 3d 1149
07/06/07 Appeal filed.
06/16/08 Appeal denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 08-6315
129 S. Ct. 509
08/11/08 Petition filed.
11/03/08 Petition denied.
Factors Contributing to the Delay inImposition of Sentence:
The Direct Appeal took three years for a decision to berendered. The Circuit Court 3.850 was pending for nearly eight years.
Case Information:
A Direct Appeal was filed on 12/09/91. Issues that wereraised included whether the trial court erred in refusing to grant his motionto disqualify the judge, and whether or not the trial court erred in denyinghis motion for judgment of acquittal on the conspiracy counts. TheFlorida Supreme Court found merit to the claim that one count of conspiracy wasnot supported by evidence, and they therefore reversed the conviction andvacated the sentence for that count. The Florida Supreme Court found the restof the claims either without merit or harmless and affirmed the conviction andsentence of death on 04/21/94.
A Petition for Writ of Certiorari was filed on 09/19/94 anddenied on 11/14/94.
A 3.850 motion was filed with the circuit court on 02/29/96and was denied on 12/11/03.
A 3.850 appeal was filed with the Florida Supreme Court on01/12/04, citing allegations of a non-impartial judge, improper shackling,ineffective assistance of counsel, and Brady violations. On 07/07/05, theFSC affirmed the denial of the 3.850 Motion.
A Petition for Writ of Habeas Corpus was filed with theFlorida Supreme Court on 08/31/04, citing claims of ineffective assistance ofcounsel. On 07/07/05, the FSC denied the Habeas Petition.
A Petition for Writ of Habeas Corpus was filed with the U.S.District Court, Middle District, on 07/27/06. On 05/03/07, the USDCdenied the petition. A Certificate of Appealability was filed on 07/25/07and was granted on 08/08/07.
An appeal of the United States District Court’s denial ofthe Habeas was filed on 07/06/07. The appeal was denied on 06/16/08.
Hendrix filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 08/11/08. This petition was denied on 11/03/08.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECTDISCIPLINARY ACTIONS AGAINST THE INMATE
FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
10/21/93 0 DISOBEYINGORDER UNION C.I.
12/17/96 180 UNAUTH USE OF DRUGS UNION C.I.
Report Date: 11/01/01 cc
Approved: 11/15/01 ws
Updated: 02/20/09 klh